Marijuana possession and sale remains almost entirely illegal in Kentucky. While a law was passed in April of 2014 allowing patients access to cannabidiol (or “CBD,” a non-psychoactive element of marijuana) in medicinal cases, it is not expected to increase availability or use. Although other states have amended their drug laws to permit marijuana legalization and decriminalization, possession and sale of marijuana is still a crime in the Kentucky, with certain levels of possession constituting a felony under state law.

Medical marijuana efforts got a big boost in Kentucky when House Speaker Greg Stumbo (D- Prestonsburg) announced that he would sponsor a medical marijuana bill for the 2015 session. Stumbo’s bill, HB 3, is a very restrictive bill that would have made medical marijuana legal for Kentucky patients who were certified by a physician.

Unfortunately, the legislature adjourned in late March without taking action on the bill.

Kentucky legislators have been dragging their feet for years on medical marijuana, but that finally started to change in 2014, when members of the House Health and Welfare Committee made history by voting 9-5 to approve an effective medical marijuana bill, HB 350.

On Thursday, April 10, 2014, Kentucky Gov. Steve Beshear signed into law a proposal that is intended to allow patients to use cannabidiol (“CBD,” a non-psychoactive component of marijuana) if directed by a physician. The new law went into effect immediately with his signature, but it is extremely unlikely it will actually result in patients being able to access CBD. Despite concerns about access, and the fact that this legislation excludes the vast majority of medical marijuana patients, it is still a positive step forward.

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